Wills & Probate

Wills and probate are not always nice subjects to think about, but preparing in advance for these eventualities can help to protect your family’s future.

Whether you are thinking about writing a Will for the first time, whether you want to review your current Will, whether you need advice about tax planning or trusts, or whether you are embarking on the process of administering an estate, Roche Legal is on your side.

How we can help you with Wills & Probate?

We understand just how important it is to get the help and support you need quickly.

Write a Will

Writing a Will is an important task that everyone should make the time for. No matter where you are in life, ensuring you have a valid and up-to-date Will in place will mean that you and your family are prepared, whatever happens.

A Will is a legal document that allows you to set out how you would like your estate to be managed in the event of your death.

This will include:

  • Who you would wish to become responsible for your children.
  • Who you would like to inherit your property, personal possessions and money.
  • What your wishes would be for your funeral.

Some individuals also choose to write a ‘living Will’ which enables them to make clear what their wishes are about receiving medical and life-sustaining treatment.

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Managing An Estate

We understand just how difficult it is to lose a loved one. The grieving process can be made even more challenging if you are responsible for managing that loved one’s estate.

There is a list of legal practicalities that have to be addressed after a death. These include:

  • Finding the Will and ensuring it is valid.
  • Applying for a Grant of Probate.
  • Administering the estate.
  • Distributing the estate to the beneficiaries named in the Will.

There is a similar process that has to be carried out in cases where the person who has died had not written a Will.

Many people choose to work with a specialist solicitor to support them through what can be a very trying process.

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Get advice about a disagreement after a death

The period after a death is a very emotional time, and it isn’t unusual for those who are left behind to disagree about how an estate should be managed.

Disagreements after a death could be related to:

  • Whether the Will is valid.
  • Whether close family members have been adequately provided for.
  • Whether an executor is doing their job properly.
  • Whether a trust is being efficiently managed.
  • Whether evidence of financial elder abuse has emerged.

If you’re involved in a disagreement of this kind, it can be extremely helpful to seek personalised advice from an experienced solicitor about the best way to proceed.

Is a loved one experiencing elder abuse?

Unfortunately, elderly individuals are often more vulnerable to abuse. Elder abuse is a recognised crime that can take many forms, but the most common type is financial abuse.

Financial elder abuse could be in the form of:

  • Being targeted by financial scams.
  • Family members or carers stealing money.
  • Being put under pressure to change a Will or give financial gifts.

If you believe that you or a loved one is experiencing this type of abuse, we’d recommend seeking advice from a specialist solicitor. They will be able to advise you on any action you may be able to take.

It’s also important to contact a solicitor if you find evidence of financial elder abuse having occurred while administering an estate.

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Get support with tax planning or trusts

In most cases, when someone dies there will be inheritance tax to pay on their estate. The inheritance bill will need to be settled before what’s left can be distributed among beneficiaries.

You might wish to spend some time considering the tax that would be due on your estate in the event of your death, and how this should be managed.

In some cases, individuals may choose to set up a trust for tax planning reasons. However, trusts can also be a very useful mechanism for leaving money to beneficiaries who are underage or are otherwise unable to manage money themselves.

You may want to consider:

  • What your existing tax plans are.
  • Whether a trust would be a good fit in your situation.
  • What is involved in setting up a trust.
  • What responsibilities your trustees will have.

You may find it helpful to consider all these eventualities with the help of a solicitor who specialises in trusts and tax planning.

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Get the legal advice you need

Dealing with legal issues can be confusing and stressful. If you’re not sure exactly how we can help you, or if you want to get specialist advice right away, please don’t hesitate to pick up the phone and get in touch.

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